By: West, Hinojosa	S.B. No. 170
	(In the Senate - Filed January 9, 2013; January 29, 2013,
	read first time and referred to Committee on Intergovernmental
	Relations; March 25, 2013, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 4, Nays 1;
	March 25, 2013, sent to printer.)
	COMMITTEE SUBSTITUTE FOR S.B. No. 170	By:  Garcia

	A BILL TO BE ENTITLED
	AN ACT
	relating to building code standards for new residential
	construction in the unincorporated area of a county.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 233.152, Local Government Code, is
	amended to read as follows:
	Sec. 233.152.  APPLICABILITY. (a)  Except as provided by
	Subsection (b), this [This] subchapter applies only to new
	residential construction in a county that has adopted a resolution
	or order requiring the application of the provisions of this
	subchapter and that:
	(1)  is located within 50 miles of an international
	border; or
	(2)  has a population of more than 100.
	(b)  This subchapter does not apply to new residential
	construction if:
	(1)  the property on which the new residential
	construction is located is appraised for ad valorem tax purposes as
	land for agricultural use or open-space land under Subchapter C or
	D, Chapter 23, Tax Code;
	(2)  the new residential construction will not be
	located within 1,000 feet of a platted subdivision;
	(3)  the new residential construction is intended to be
	used as the primary residence of an individual who is the builder
	of, or acts as the general contractor for, the construction; and
	(4)  the new residential construction is:
	(A)  the first residential construction, as
	described by Section 233.151(a)(1), to be built on the property; or
	(B)  an addition to an existing single-family
	house or duplex, as described by Section 233.151(a)(2).
	SECTION 2.  Section 233.154, Local Government Code, is
	amended by amending Subsection (c) and adding Subsection (c-1) to
	read as follows:
	(c)  If required by the county, not later than the 10th day
	after the date of the final inspection under this section, the
	builder shall submit notice of the inspection stating whether or
	not the inspection showed compliance with the building code
	standards applicable to that phase of construction in a form
	required by the county to:
	(1)  the county employee, department, or agency
	designated by the commissioners court of the county to receive the
	information, subject to Subsection (c-1); and
	(2)  the person for whom the new residential
	construction is being built, if different from the builder.
	(c-1)  The commissioners court of a county may designate the
	county clerk to receive information as provided by Subsection
	(c)(1) only if the county clerk consents to the designation.
	SECTION 3.  Subchapter F, Chapter 233, Local Government
	Code, is amended by adding Section 233.1545 to read as follows:
	Sec. 233.1545.  CERTIFICATION OF COMPLIANCE; CONNECTION OF
	UTILITIES. (a)  A county to which this subchapter applies shall
	require the issuance of a certificate of compliance as a
	precondition to obtaining utility services as provided by this
	section.
	(b)  Not later than the fifth business day after the date a
	notice of inspection described by Section 233.154(c) stating that
	the inspection showed compliance with building code standards
	described by Section 233.153 is received, the county shall issue
	the party submitting the notice a written certificate of
	compliance.
	(c)  An electric, gas, water, or sewer service utility may
	not permanently serve or connect new residential construction of a
	single-family house or duplex as described by Section 233.151(a)(1)
	with electricity, gas, water, sewer, or other utility service
	unless the utility receives a certificate issued by the county
	under Subsection (b).
	(d)  Subsection (c) does not prevent the temporary use or
	connection of utilities necessary to complete new residential
	construction, including temporary use or connection of utilities to
	pass an inspection under this subchapter.
	SECTION 4.  The changes in law made by this Act apply only to
	new residential construction that commences on or after the
	effective date of this Act, except that if the county requires
	notice under Subsection (b), Section 233.154, Local Government
	Code, this Act applies only to new residential construction for
	which notice was given on or after the effective date of this Act.
	SECTION 5.  This Act takes effect September 1, 2013.
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